United States of America v. Toyota Sequoia 2005, VIN:5TDZT38AX5S239010

Filing 37

ORDER striking Mr. Singh's claim to the Property. IT IS FURTHER ORDERED forfeiting the Property to United States of America. The Government shall file a proposed form of judgment for entry by the Court within five (5) days of the date of this Order. IT IS FURTHER ORDERED vacating the Final Pretrial Conference currently set for 10:00 a.m. on December 19, 2011. Signed by Judge James A Teilborg on 12/6/2011. (KMG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 ) ) ) Plaintiff, ) ) v. ) T o y o t a S e q u o i a 2 0 0 5 ( V I N :) ) 5TDZT38AX5S239010), ) ) Defendant. _________________________________ ) ) ) Mukhtiar Singh, ) ) Claimant. ) USA, CV-09-2012-PHX-JAT ORDER 17 18 On October 11, 2011, the Court granted the Government’s motion to extend the 19 deadlines associated with the final pretrial conference, even though the Court noted that the 20 parties had not demonstrated good cause for extending those deadlines. (Doc. 34.) In that 21 Order, the Court cautioned Claimant Mukhtiar Singh that if he refused to participate in 22 preparing for the final pretrial conference, the Court would strike his claim and order the 23 property forfeited. (Id. p.1.) 24 The Government filed the Proposed Final Pretrial Order (Doc. 35) and its Proposed 25 Findings of Fact and Conclusions of Law (Doc. 36) on November 29, 2011. The 26 Government noted that Claimant did not participate in preparing the Proposed Final Pretrial 27 Order, despite the Government making several attempts to contact Claimant and Claimant’s 28 counsel. 1 Because Claimant failed to participate in preparing the Proposed Final Pretrial Order 2 and because the Court warned Claimant what would happen if he failed to participate, the 3 Court will strike Mr. Singh’s claim to the 2005 Toyota Sequoia, VIN: 4 5TDZT38AX5S239010 (the “Property”). The Court further orders the Property forfeited. 5 Accordingly, 6 IT IS ORDERED striking Mr. Singh’s claim to the Property. 7 IT IS FURTHER ORDERED forfeiting the Property to United States of America. 8 The Government shall file a proposed form of judgment for entry by the Court within five 9 (5) days of the date of this Order. 10 11 12 IT IS FURTHER ORDERED vacating the Final Pretrial Conference currently set for 10:00 a.m. on December 19, 2011. DATED this 6th day of December, 2011. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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